Criminal Action Clause Samples
A Criminal Action clause defines the rights and obligations of the parties if one of them becomes involved in criminal proceedings. Typically, this clause outlines the steps to be taken if a party is charged with or convicted of a crime, such as notification requirements, possible suspension of contractual duties, or grounds for termination of the agreement. Its core function is to protect the interests of the non-offending party and to provide a clear process for addressing the risks and uncertainties that arise from criminal allegations or convictions.
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Criminal Action.
33.1 Whenever a Deputy is charged with a criminal offense, in any jurisdiction and for any crime, the Sheriff shall place the Deputy in leave with pay status for at least twenty (20) business days. During these twenty (20) days the County will conduct an investigation to determine whether the administrative action or the criminal action will be pursued first, or whether both the administrative and the criminal action will be pursued concurrently. However, nothing in this Article shall limit the County in its decision to pursue administrative action first or concurrently with criminal action. If the decision by the County is to pursue the criminal action first the following conductions will apply: The Sheriff may place the deputy on leave without pay status after twenty (20) business days or upon a felony indictment or finding in a preliminary hearing, as well as judicial determination of guilt either by plea bargain of the Deputy or other finding by key judicial decision makers (such as a judge, jury, or hearing officer) in cases involving misdemeanors or other court administrative actions that otherwise result in temporary or permanent prohibition of the tasks necessary to meet the minimum qualifications of the position of deputy sheriff. Such misdemeanors or other judicial-centered administrative tasks may include, but are not necessarily limited to charges of domestic violence, driving while intoxicated, restraining orders, or any other action resulting in the Deputy’s inability to perform the essential functions of the Deputy’s job description or minimum qualifications of his/her position. The Deputy’s grievance rights shall be held in abeyance until there is a judicial determination or plea bargain entered with respect to the criminal action. Neither a judicial determination of acquittal nor a dismissal of charges by the District Attorney’s office shall preclude disciplinary action against the Deputy. Examples of the applicability of this article are as follows as it relates to pursuing Criminal Charges first:
33.1.1 A Deputy, who has been charged with a felony crime(s) is placed on leave with pay status for twenty (20) business days. Ten (10) business days later, a Grand Jury indicts the Deputy on the crime(s) originally charged. The Deputy’s leave status may then be changed to leave without pay on day eleven (11).
33.1.2 A Deputy is charged with a misdemeanor crime relating to driving while intoxicated (DWI). Pursuant to this article, the Deputy i...
Criminal Action. Where an employee is charged with an offence resulting directly from the proper performance of his/her duties and is subsequently found not guilty, the employee shall be reimbursed for reasonable legal fees with the same provisions as contained in Clause 30.3(a) above.
Criminal Action. The College shall pay the reasonable legal fees of the employee incurred in the defence of a criminal charge if the employee was acting properly within the course of his/her employment and was acquitted of the charges.
Criminal Action. The Employer shall pay the reasonable legal fees of the employee incurred in the defence of a criminal charge if the employee was acting properly within the course of his/her employment and was acquitted of the charges.
Criminal Action. Any Loan Party shall be criminally indicted or convicted under any law.
Criminal Action. Where an employee is charged with an offence resulting directly from the proper performance of their duties, the BCGEU shall pay for reasonable legal fees.
Criminal Action. Full cancellation of the citation which supported participation in the diversion program is not guaranteed until successful completion of the entire program. Diversion Solutions acknowledges, and will advise all Participants that, the City Attorney’s Office may reinstate the citation which brought the Participant(s) to the program if the Participant fails to participate or complete the program.
Criminal Action. When the Club has sufficient knowledge that a student has been charged with a criminal offense, he/she will immediately be suspended from participation in Club activities pending review. The Rules & Ethics Committee will consider duration of the suspension and reinstatement of the player based upon a thorough review of the information.
Criminal Action. Contractor employees may be subject to criminal actions as allowed by law in certain circumstances. These include but are not limited to the following infractions: Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records or concealment of material facts by willful omission from official documents or records. Unauthorized use of Government property, theft, vandalism, or immoral conduct. Unethical or improper use of official authority or credentials. Security violations.
Criminal Action. The Department will take no criminal action against the Corporation, its directors, officers, agents, or employees, for failure to report or remit any business license tax, or sales and/or use tax which may be due and owing prior to the Effective Date of this Agreement.